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19820302 City Council MinutesFebruary 23, 1982 • Councilmember Nordquist asked whether there was an out if this were started and it was found when the criteria are obtained that everything in the study is not needed. Lloyd Nelson said they had researched it enough to know what was -stated in their proposal would be needed. He said the require- ments will be available in March, and they could stop the study and the cost could be modified if necessary. City Engineer Jim Adams said the data being assembled will not be used just for the waiver but they will be looking at where the outfall is dispersed and will find it nece'ssary to extend the outfall and put in some kind of different diffusers so the quality of the water is not affected. By doing that, he said they probably will get..into a construction phase also. He said funding would be from water/sewer funds, and his recommendation was. to defer replacing the old pipes on Highway 99, using those funds for this. City Attorney Wayne.Tanaka added that recent legislation requires that the City announce what the requirements are for professional engineering services and to invite proposals from other firms, and the Council can then determine which best meets the City's needs. He said he had drafted an ordinance which incorporates this law, as well as the thoughts the Council had expressed. COUNCILMEMBER JAECH MOVED, SECONDED BY COUNCILMEMBER ALLEN, TO PLACE THE ORDINANCE ON THE APRIL 6, 1982 AGENDA FOR CONSIDERATION. The Council will want to know the new regulations and requirements. THE MOTION CARRIED. COUNCIL Councilmember Nordquist stated he had met with representatives of University Federal Savings and * Loan, who are -remodeling the building at 5th and Dayton,'and the wheelchair ramp will be installed on that corner.. Councilmember Jaech asked why all four corners have to be done at the same time, and City Engineer Jim Adams responded that State law requires. that if you take somebody off the sidewalk you have to have a way for him to -get back on it.., He said there are some problems with the corner parks at that intersection becausea considerable amount of change will be necessary in the storm sewers. He said they are only going to do the wheelchair ramps at this time. • Councilmember Hall noted that there had been another person in need who could not get into the Police Station. She said the Police Department must be accessible to the public. Councilmember Gould noted that 19 employees in the City had perfect attendance in 1981, and he expressed thanks to them. Certificates have been awarded.to those employees, and Councildmember Gould suggested that something more be done in 1982. Councilmember Gould asked if the City was experiencing additional costs because of the additional ferry service to Mukilteo. Police Chief Marlo Foster said the State is paying for the additional police personnel used to direct traffic. Councilmember Naughten asked the status of the SR 524 completion, and City Engineer Jim Adams responded that all work has been suspended for the winter. Better construction weather is needed before the paving can be accomplished. . COUNCILMEMBER NAUGHTEN MOVED, SECONDED BY COUNCILMEMBER ALLEN, TO PLACE ON THE MARCH 2, 1982 AGENDA A DISCUSSION OF THE HUBBARD TRUST. MOTION CARRIED. Councilmember Allen announced that the Shared Services Committee will be meeting February 24, 1982, at 7:30 p..m., at Stevens Memorial Hospital. It was noted that Frances Murphy wishes to report to the Council on the Brackett's Landing project. COUNCILMEMBER ALLEN MOVED, SECONDED BY COUNCILMEMBER GOULD, TO PLACE ON THE MARCH 16, 1982 AGENDA A REPORT FROM FRANCES MURPHY. MOTION CARRIED. Councilmember Allen noted that one of the people at the dinner for Rosalynn Sumners was Mary Doyle, a 62-year old speed skater.who won four gold medals in 1982. Councilmember Allen thought the City • should work with the Chamber of Commerce in recognizing her. Councilmember Kasper said a representative from Metro would be available on either March 9 or March 23 :to give a slide presentation about the new bus barn to be located at 205th and Meridian. (The date eventually was established as March 9.) Mayor Harrison announced that there will be a memorial service for Larry Hubbard Thursday, Feb- ruary 25, 1982, at the Methodist Church. He said the City Staff had drafted a resolution recog- nizing him for his gifts to the City and his service on the Planning Commission. Council President Kasper called for an Executive Session following this meeting for a personnel matter and a legal matter. There was no further business to come before the Council, and the meeting adjourned to Executive Session at 9:50 p.m. IRENE VARNEY MORAN, Cit Clerk HARVE H. HARRISON, Mayor March 2, 1982 The regular meeting of the Edmonds City Council was called to order at 7:35 p.m. by Mayor Harve Harrison in the Council Chambers of the Edmonds Civic Center. All present joined in the flag salute. *See amendment - March 2, 1982 • March 2, 1982 - conti,nued PRESEN"i STAFF PRESE141 Harve Harrison; Mayor Irene Varney Moran, City Clerk Ray Gould Mary Lou Block, Planning Director Jo -Anne Jaech Duane Bowman, Assistant City Planner Laura Hall Patrick Wilson, Assistant City Engineer Katherine Allen Marlo Foster, Police Chief John Nordquist Jack Weinz, Fire Chief Bill Kasper Art Housler, Finance Director Larry Naughten Jim Jessel, Parks and Recreation Director Wayne Tanaka, City Attorney Jackie Parrett, Deputy City Clerk. CONSENT AGENDA Items (B) and (C) were removed from the Consent Agenda.. COUNCILMEMBER ALLEN MOVED, SECONDED BY COUNCILMEMBER HALL, TO APPROVE THE BALANCE OF THE CONSENT AGENDA, CONSISTING ONLY OF ITEM (C), ROLL CALL. MOTION CARRIED. APPROVAL OF MINUTES OF FEBRUARY 23, 1982 [Item (B) on Consent Agenda] Councilmember Nordquist referred to page 4 of the Minutes, the first sentence in the last paragraph. He asked that a periodbe placed after the word "Dayton" on the second line, and that the last clause of that sentence be changed to read "The wheelchair ramp will be installed on that corner and will be.provided by the City of'Edmonds." He wanted it clarified that the City is providing the • ramp, not University Federal Savings and Loan: COUNCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCIL - MEMBER ALLEN, TO APPROVE ITEM (B) ON THE CONSENT AGENDA, AS CORRECTED. MOTION CARRIED. AUTHORIZATION FOR CITY ATTORNEY TO PREPARE ORDINANCE FOR BUS HOLDING ZONES Item C on Consent Agenda] This item had been continued from last week's Consent Agenda to see if there was any input from the Edmonds Chamber of Commerce. Councilmember Naughten asked if there was any input, which there was not. COUNCILMEMBER NAUGHTEN THEREFORE MOVED, SECONDED BY COUNCILMEMBER ALLEN, TO APPROVE ITEM (C) ON THE CONSENT AGENDA. MOTION CARRIED. MAYOR Mayor Harrison had provided a draft for a resolution commemorating Larry Hubbard.and he asked that it be placed on next week's agenda. COUNCILMEMBEP. NAUGHTF.N MOVED, SECONDED BY COUNCILMEMBER HALL, TO PLACE THE RESOLUTION'COMMEMORATING LARRY HUBBARD ON THE MARCH 9, 1982 AGENDA. MOTION CARRIED. Mayor.Harrison said the Staff had discussed establishing a Larry Hubbard memorial and it was the consensus to name the Edmonds Junior High Playfield in memorial to him. It was also suggested that a plaque be installed as part of the new parking lot development west of the grandstand. The memorial would be revievred by the Arts Commission and funding could come from the.In-Lieu Park Fund as it is part of the new entrance. A dedication on July 3 or 4 was also proposed. Councilmember Nordquist responded to this, speaking of Mr. Hubbard's many qualities, but noting that he was not an athletic person, so he thought naming the playfield for Mr. Hubbard was not especially appropriate, and he also noted that it is leased and not owned by the City. He suggested that some of the people in town who knew Mr. Hubbard well look around the City for a more quiet place to keep in his memory. Councilmember Allen expressed agreement, and Mayor Harrison said he would contact some of the people mentioned by Councilmember Nordquist. Mayor Harrison asked for confirmation of his appointment of Valina Walker to the vacant Alternate position on the Planning Advisory Board. The Council had interviewed Mrs. Walker just prior to this evening's meeting. COUNCILMEMBER HALL MOVED, SECONDED BY COUNCILMEMBER NORDQUIST, TO CONFIRM THE MAYOR'S APPOINTMENT OF VALINA'WALKER TO THE ALTERNATE POSITION ON THE PLANNING ADVISORY BOARD, TERM TO EXPIRE DECEMBER 31, 1985. P%iOTION ,CARRIED. AUDIENCE Paul Roy, 840 Alder, discussed the utility tax on electric bills. lie asked that the Citv look tc reducing the tax because it is so large now that the electric rates have increased so much. Maycr Harrison responded that numerous complaints have been received, but the new revenue was taken into consideration in the budget process and, to -date, the receipts are just what vras anticipated. Councilmember Gould noted that there is a ruarterly revue of the budget and that when it comes uF they will loot: into it. Councilmember Kasper also -noted that there are three bills in the legisla- t_ure which mar reduce the utility tax. Lloyd Ostrom, 711 Puget Lane, spoke regarding the growth.management fees bill. lie said that -for a number of years Edmonds had participated in County -wide growth planning, amd it appeared to him that the City of Edmonds had been part of the process that developed a County -wide growth management plan, and that the growth management fees are an integral part of the plan. lie thought one of the reasons the bill was sliding so easily through the legislature was that there has not been much input from the cities. He asked that the City send a message to them saying Edmonds still partici- pates in'the growth management program and supports growth management fees. Councilmember Gould noted that Senator Sue Gould had voted against it, and Councilmember Hall said she had spoken to one of the strong lobbyists for it who had worked with her on the growth management and she was disap- pointed when he told her times had changed in the building area, so he had reversed his position. COUNCILMEMIBER INAUGHTEN MOVED, SECONDED BY COUNCILMEMBER HALL, THAT THE CITY COUNCIL SEND A RESOLUTION TO THE LEGISLATURE SAYING THEY SUPPORT THE CONCEPT OF THE GROWTH MANAGEMENT FEES. Council President Kasper said he had always been against growth management fees and, as President of the Council, he March 2, 1982 - continued • must step aside in representing the Council on this, so someone else should write the letter. MOTION CARRIED, WITH COUNCILMEMBER KASPER VOTING NO. Councilmember Allen will write the letter. HEARING ON HEARING EXAMINER.RECOMMENDATION TO APPROVE ACCESS EASEMENT -TO WANDA MOORE ACROSS NORTH BOUNDARY OF PINE RIDGE PARK (MOORE/ST-11-81) The Hearing Examiner Pro tem had conducted two public hearings on this request, after which a recommendation was issued that the requested access easement be granted subject to the conditions listed in'the Hearing Examiner. report. Planning Director Mary Lou Block displayed a vicinity map and slides of the area, noting that 204th and 84th are both potential accesses. Neither is open, and each is approximately 400' long, with one being very steep. A third potential access is 83rd W., across Pine Ridge Park. The original discussion was about a 15' paved access easement, but at the second hearing it was recommended that it be 18' and that utilities as well as access be included. Several people in the area thought this was the best of the three alternatives because it would not necessitate removing trees and because traffic would not.be increased as much as with the other two. The third alternative would require 225' of paving, whereas the other two would each require 400' - 430' of paving. The Hearing Examiner had indicated there were between 30-50 evergreen trees which would be removed to improve 204th or 84th, and that this should be considered. The terrain of the posted easement is relatively level., whereas it is sloped at the other two. The testimony of supporters of the proposal indicated paving would cost five times as much with either of the other two proposals, and they thought this alternative would have the least impact on the environment of the area. The Hearing Examiner recommended that the access be approved, subject to the conditions listed on pages 6 and 7 of her report. Ms. Block said the reason this was coming to the Council was because when any park area is considered for any use other than that for which it was established it must be heard by the Council as well as by the Hearing Examiner. The question was asked as to why the right-of-way was moved from the north end to the south end, and Parks and Recreation Director Jim Jessel responded that they had walked the site and looked at the trees that would have to be • removed for the easement. He said the existing exit works well. Assistant City Planner Duane Bowman added that residents of Parkside Heights were concerned, and the City Engineer and he walked the property and the City Engineer felt this was the better access. Mr. Bowman said a small amount of fill will be necessary. The hearing was opened. Jerry Swanson, 8308 203rd P1. S.W., fronting on 84th extended, said he had experienced some runoff from the development of the property behind him and he was worried about water runoff if a road is extended across that bank. He said it would require extensive rockery and drainage work, and he felt the least impact for the largest number of people would be served by allowing the easement through the park, so he supported going through the park. Wanda Moore, 514 N.E. 112th, Seattle, the applicant, said she would prefer having the access go straight across the north but because of the complaints of the neighbors and the City's desires this was acceptable to her. No one else wished to speak, and the hearing was closed. Councilmember Allen said she was perfectly willing to grant an access easement to Mrs. Moore but she did not like the south side of the parking area and she thought it should be the north side. She wanted to know why the suggestion came for the south side when the north side made more sense. She agreed with a comment by Mrs. Moore that if drainage were the issue a street sloped to drain to the south could be installed. Councilmember Kasper was concerned with the traffic coming off 204th and going down that slope. He thought it should be re-examined and suggested remanding it to the Engineering and Planning Departments. Councilmember Gould added that it also would have to be assured that people going to the park do not leave their cars there to hinder access. Ms. Block requested that the Council takeaction, rather than remand. COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER ALLEN, TO ACCEPT THE HEARING EXMAINER'S RECOMMENDATION REGARDING ST-11-81 EXCEPT THAT THE 18' EASEMENT BE PLACED IN THE NORTH 25' OF THE PARK, SUBJECT TO FINAL LOCATION BY THE CITY ENGINEER. Councilmember Nordquist noted that the fifth condition under the Hearing Examiner's recommendation called for the City to close the existing entrance to the park off 83rd Ave. W. upon • completion. THE MOTION THEN CARRIED. DISCUSSION ON EXPANDING MAYOR POSITION TO FULL-TIME Councilmember Hall said she was looking at expanding the position of Mayor to full-time for 1984, and to having the structure in'place so any person running for the position will know what it is. In a survey she took of 31 people; 29 had been in favor of'a full-time Mayor's position and the other two favored a Council/City Manager form of government which the voters had voted down. Finance Director Art Housler displayed figures as to the salaries and benefits of the executives of Edmonds and Lynnwood, and he also compared those to the figures .if the Mayor became a full-time administrator with the salary budgeted for an M.A.A. Councilmember Gould commented that there has been considerable discussion on this within the community, so he wanted to be sure there would be input from the audience. He noted several alternatives: (1) Continue with a part-time Mayor; (2) Continue with a part-time Mayor and a full-time M.A.A.; (3) Make the Mayor full-time immediately; (4) Hold some town meetings to find out how the people in the City feel about the issue without going to the expense of an election; and (5) Place an item on November's ballot as an advisory issue to the Council, asking the people what they want the City to do. The discussion was opened to the public. Ann Saling, 8620 Olympic View Dr., supported putting it to a vote but said the Mayor's status should not be changed at this time because that would mean the taxpayers of Edmonds would pay an inflated pension to a -Mayor who was a full-time Mayor for only one year. She did not think they should take part in a "sweetheart contract" in ballooning a salary at the end of a person's term. Paul Roy, 840 Alder, said he had lived in Edmonds since the days when the population was only 4,000- 5,000. He said the City has grown but this type of Council had been in the City since the "horse and buggy. He. said the citizens can.get to the Mayor now but the Council overrules him. He thought it was time to change the system and that the Mayor should.have.enough power to run the City, and if the people did not want him they would vote hi'm out. He thought the current form of government to be for smaller cities than Edmonds and that Edmonds should have a full-time Mayor. 0 1• March 2, 1982 - continued 1 1 Lloyd Ostrom, President of the Edmonds Council of Concerned Citizens, said this issue always seems to resolve itself into opinions and there will be contention between the Council and Mayor even if it is a full-time Mayor. His organization had a special meeting of its Board of Trustees to discuss this. He asked what the citizens would get by having a full-time Mayor, not being convinced there would be a savings in salaries. He said the Mayor is elected as a political representative of the people and it would be nice if everytime they found someone who is a fine administrator, but being an admi.nistrator or being experienced in personnel or management is not a requisite for filing for that office. He did not think the assumption should be made that having -a full-time Mayor would mean an effective administrator. He thought everyone agreed that a full-time person should be in charge of operating the mechanisms of City government, but his group favored keeping the same approach as the City now has. Mayor Harrison thought it appropriate to give his view. Fie said the function of Mayor has been described as being like a triangle where one leg represents community leadership, involving meeting with civic groups and attending to many ceremonial functions;'the second leg represents intergovern- mental relations in which there is a good deal of work involved= -it is expected of a Mayor to lobby in Olympia and work with various other agencies; and the base of the triangle is the day-to=day operation. He thought it important that the Chief Executive be available on a full-time basis rather than expecting the public to come in at his convenience. He said.the day-to-day business also includes reviewing the agenda material and working with the general organizational problems of the City, so it is a full-time job and any future Mayor of this City would prefer doing that job rather than delegating it. Don Schroeder, 528 8th Ave. N., did not think any action could be taken without going to the people and asking how they feel about it. He had lived under a number of systems in various cities of the United States, and he said this City is probably due for a change but it cannot be done without • asking the people. Ray Sittauer, 561 Pine St., said Edmonds is ready for a change, being the second largest city in Snohomish County, and he said Edmonds deserves a full-time Mayor. He also said he would give the present Mayor a full retirement, and he noted that the people already had said they were not in favor of a City Manager type of government. He told the Council this was one of their charges to show the people what they can do. No one else wished to speak, and the discussion was closed to the public. Councilmember Naughten thought there appeared to be two issues --should there be a full-time Mayor in 1984 or should the present Mayor be made full-time. He felt the City should have a full-time Mayor. He said that although the City Council represents the people it should not make decisions without public.input, and he thought there should be a series of public meetings to determine what the people want. As to changing the present structure, he thought they should think about what is best for the City of Edmonds, and he felt it was best for Edmonds to have a full-time professional administrator and keep the structure it has had, and if .the public wants a full-time Mayor they can decide that at the election. Councilmember Gould .thought Edmonds should continue as it is, with an advisory ballot in November 1982. He thought that would.reach more people than public hearings, and he said this is an important issue to every person in the community. He also thought it would be an economical move and said if it stayed as it is now it would not artificially inflate the incumbent's salary and appear as a special benefit for his retirement. He said it would give everybody a chance to vote, and people want to have a vote in the decision. Further, should the full-time Mayor issue be approved by the people and by the Council --and he thought it would --then he believed the candidate would know, just as the incumbent knew,• what is expected of him and what the salary would be for the job. He thought some good candidates would be attracted. He also thought it was not certain what would become of • the M.A.A. position, saying the City may end up with a full-time Mayor and a full-time M.A.A., but he thought they should try to see if they can do -it with a single person. He noted that in the past the M.A.A. had represented the administrative affairs and the Mayor the formalities. Councilmember Jaech said she had -been one of the people who voted to put on the ballot the City Manager/Council form of government, and she felt the people should have the opportunity to choose. She agreed that there should be no change for the current Mayor and said if it is made a full-time position the people -will decide on the person to fill the position. She responded to a statement by Paul Roy that the Council overrides the Mayor, and said the duties of the Mayor and Council are set by State Law. Mr. Roy said the reason for his statement wasthat although he does not come to Council meetings often he has noticed that a few groups of people influence the Council, and the Council represents them. He said sometimes the Council is representing the influential people of the City rather than taking into consideration the entire City, so the same people have a lot of power and their votes count too much. Councilmember Hall thought the public would be relieved if the Council took the burden and next week made the decision after having a well posted and well publicized hearing. Councilmember Gould responded that one of the things wrong with a public hearing is that quite often one or two well organized groups can dominate the hearing. He said there is nothing quite like a person's right to vote, and he thought everyone should get involved in this issue. Councilmember Nordquist said how it is put on the ballot is important. He said when he accepted his position it was not because it was part-time or full -.time but.because it was a City Council position, and he noted that each Councilmember has applied himself to the position to the best of his ability and that a lot of administrative problems have shifted.to the Council. He was not totally committed to either a full-time or a part-time Mayor but he said they should get back to getting an M.A.A. Regarding the potential of hiring an M.A.A., Mayor Harrison said -the administrative decisions of the - City are made: by the. Mayor --not by an-M.A.A.--and that:Mayor will make -the administrative decisions regardless.of who it may be. He asked how much time they wanted that Mayor to have to do the back- ground work to make the decisions. .402 February 23, 1982 - continued John Beck, 421 Sprague St., said he had been polled by two Councilmembers regarding this, and he was one who favored public hearings. He suggested having one or two public hearings and then taking it to the voters. He thought the citizens could be educated with public hearings. Councilmember Allen agreed that some public hearings were needed, but she also favored having an advisory ballot and in the meantime hiring an M.A.A. COUNCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCILMEMBER ALLEN, TO CONTINUE THIS DISCUSSION TO MARCH 30, 1982 AND TO INCLUDE PUBLIC INPUT. Councilmember Gould said they should think about specific salary and wording on the ballot. THE MOTION CARRIED. A short 'recess was announced. APPROVAL OF CABARET DANCE LICENSE FOR OLD MILLTOWN FOOD AND BEVERAGE EMPORIUM City Clerk Irene Varney Moran said this application was for the restaurant formerly occupied by La Brasserie. The music area will be -soundproofed and this entertainment will be offered on Fridays and Saturdays. Police Chief Marlo Foster had no objection to the issuance of the license. Council - member Kasper asked if a decibel maximum could be imposed to assure the activity would not be offensive to the neighbors. Councilmember Nordquist noted that a small town has a low noise tol- erance as compared to a city like Seattle. Rich King, one.of the applicants, said they had music for entertainment three weeks previously to test it and the noise was getting out at one place so they are soundproofing it. COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER ALLEN, TO ACCEPT THE RECOMMENDATION OF THE POLICE CHIEF AND APPROVE THE CABARET DANCE LICENSE. MOTION CARRIED, WITH COUNCILMEMBER NORDQUIST VOTING NO. REVIEW REGARDING REGULATION OF THEATRE OPERATIONS IN THE CITY OF EDMONDS This was for discussion only as it will be reviewed by the. Planning Advisory Board prior to Council action. A draft ordinance had been prepared by the City Attorney, the final ordinance to be prepared after the PAB and Council discussions. City Planner Mary Lou Block said she had received a telephone • call from Bob Brown of the School District saying that Lynnwood is planning to establish an adult zone at approximately 216th and Highway 99 which is across from some Edmonds property. Mr. Brown was concerned because of the proximity to Edmonds High School. The proposed ordinance stated that adult motion picture theaters, adult bookstores, and adult entertainment centers are. not permitted uses within any zone classification in the City. However, it provided that if that section should be declared unconstitutional or invalid by a court of competent jurisdiction then an adult enter- tainment zone (AE) would be created, and if that should be declared unconsti:tutional.or,i:nvalfd'by.a court of competent jurisdiction then such uses would be allowed in the CG zone with a conditional use permit. Councilmember Gould stated that it is not acceptable to him to allow adult bookstores or theaters in the CG zone because there is too much CG zone in the City. City Attorney Wayne Tanaka responded that with this draft if they cannot be excludedentirely from the City then there at least will be on the books a place where they can be allowed in order to keep it out of downtown. Councilmember.Naughten said he would be upset if he owned property,and the Council decided to zone it to AE to allow this. Mr. Tanaka responded that if a zone is established and no piece of property is so zoned, the person would have to get a rezone on the property he acquired. Councilmember Gould noted that this draft ordinance would protect people's first amendment rights, and it gives a sequential activity which is good. He thought they should give further guidelines to the PAB as to what they really want regarding location, and he thought it should be on the highway. Norma Shrock, residing at 9th and Northstream Lane, said the City of Redmond had told her that a bill had been passed by the senate which has more restrictions and regulations and that Mr. Tanaka would be aware of it. Mr. Tanaka.said there are several.bills in the legislature dealing with this area. Rachel Martin, owner of some CG property in Edmonds, said she did not want this on Highway 99 where she has her property. She noted that the City has been trying to upgrade Highway 99 and that it is difficult once something like this goes in to get it out. She said when there is a conservative group in Edmonds who do not want this they should not have to be in fear of it. • * Councilmember Kasper did not think it should be said that the zone will be anywhere, and.Council- member Gould responded that in that case it would happen in downtown Edmonds. If it has to be somewhere, he thought it should be on'Highway 99, although he did not want it in the City at all. COUNCILMEMBER GOULD MOVED, SECONDED BY COUNCILMEMBER NAUGHTEN, THAT THE PROPOSED DRAFT ORDINANCE BE FORWARDED TO THE PAB FOR THEIR CONSIDERATION AND THAT SECTION B.A. PURPOSES. BE REVISED TO STATE THAT THE ONLY AREA IN WHICH IT IS ANTICIPATED THAT THE AE ZONE WILL BE ALLOWABLE IS FRONTING ON HIGHWAY 99. MOTION CARRIED, WITH COUNCILMEMBER NORDQUIST VOTING NO. DISCUSSION REGARDING COUNCIL SECRETARY/RESOURCE PERSON Councilmember Kasper said there is a job description for the Mayor's secretary who is doing the duties of the Council secretary which have been rather limited, and there has been some discussion by the Council that they want a resource person or somebody completely divorced from the executive. He said the Mayor assigns the secretary to the Council and it is a matter of whether they wanted to budget a separate person entirely and make a completely separate job of it. Mayor Harrison said it was not necessary that the Mayor select that person and the Council could select their own resource person. Councilmember Nordquist did not think the Council was together on this, one way or another. Councilmember Gould said it would best be decided once they decide on the issue of the rest of the administration. Councilmember Nordquist thought the.Council should communicate more by memo and that the Council should have its own secretary. Council President Kasper said he would take the position that the Mayor's secretary will be the temporary Council secretary until they get somebody else. DISCUSSION OF -THE HUBBARD TRUST Attorney Chester.Bennett said he had -given the City a deed for the Edmonds cemetery under power of attorney from Larry Hubbard and he asked that it be accepted. Councilmember aaech was concerned because they .could not find that the power of attorney would continue after death. She wanted to *See amendment, March 9, 1982 March 2, 1982 - continued protect the City so it would not spend funds to put the cemetery in good repair and find later when the estate is probated that the City would not own the property. She was also concerned as to whether the City really wanted to take on the cemetery and its maintenance, and she said even though there is a trust mentioned in the will there is no guarantee the City would get the money, and if they take on something they cannot afford to maintain they could open themselves to criticism. She also asked how they would know which plots are not occupied. Councilember Gould agreed that the City should not take it if it is a liability to the City in cost, and he asked if there was any way they could accept the deed and get a guarantee that.the trust would assure the maintenance. Mr. Bennett responded that all seven members of the allocation committee which will allocate the income from the foundation when it is set up know that the most significant thing Mr. Hubbard had in mind was the maintenance of the cemetery. He said he could not assure the Council except that he knows all seven members and this is probably what they will be looking towards, and he added that there are no strings --that the City could sell it, and that it would be legitimate to market some of the gravesites--but he could not guarantee anything. He said he understood their reservations but he thought they would be making a terrible mistake if they did not accept it. Councilmember Naughten said he -thought they should accept it in the spirit in.which it was given, and knowing Mr. Bennett and the people on the committee, and the fact that Larry Hubbard is buried there, he was sure the committee would be sure there is enough money to maintain the cemetery. He said this was a gesture -- a private citizen wanted to give the City a cemetery and set up a board of trustees to carry it out. He did have a question as to the City's being in the cemetery business, but said it could be con- tracted out, and Mr. Bennett said he was thinking also.of contracting it out. Mr. Bennett said, regarding upgrading the cemetery, that he envisioned there would be a recommendation for some funds going to the City of Edmonds for a feasibility study of what should be done to upgrade the cemetery. Councilmember Hall said she was ready to accept the deed in good faith. She noted that the cemetery has not been kept up and that the juvenile diversion children could be used on this. Mr. Bennett stated that they would lose it if they did not accept it this evening. COUNCILMEMBER ALLEN MOVED, SECONDED BY COUNCILMEMBER HALL, TO ACCEPT THE GIFT OF LARRY HUBBARD. Councilmember Gould said he Would vote no because there are costs and liabilities connected with.the cemetery and they had no way of knowing they will not be a large cost to the City, and this had to be a business decision and he did not think this was a good business practice: He felt that operating a cemetery is not a task of a city. Councilmember Jaech agreed and said she did not feel they had a guarantee because they did not have title insurance covering it. Councilmember Naughten said they were given a $65,000 piece of property and could get an agent to run it and income to offset the maintenance, and he had no doubt that the group on the board would maintain it, and there was always the option to sell it. Councilmember Kasper said he would vote in favor on the basis that the cemetery has been there many years and many people have looked to the City to do something about it. He thought that sooner or later the City would end up buying it and it would be the City's liability anyway, but that Mr. Hubbard had chosen to solve the problem by paying for it, and the trustees do want to set up a fund for it. He said he, too, would like to have title insurance but he could see no way that they could, and.that a lot of elderly people would like to be there but will not do so under its present condition. City Attorney Wayne Tanaka said if Mr. Hubbard did not have the title they would not get the property anyway, so title insurance would not make a difference in this case. THE MOTION THEN CARRIED, WITH COUNCILMEMBERS GOULD AND JAECH VOTING NO. COUNCIL Councilmember Naughten stated that, as requested, he had set up a schedule for reviewing the various boards and commissions in order to establish membership criteria. He distributed copies of the schedule and asked the Staff to provide the purposes and goals of each board prior to its review. COUNCILMEMBER ALLEN MOVED, SECONDED BY COUNCILMEMBER KASPER, TO ACCEPT THE SCHEDULE PROVIDED BY COUNCILMEMBER NAUGHTEN. MOTION CARRIED. Councilmember Gould noted that notices had been and he thought there should be a public hearing BY COUNCILMEMBER ALLEN, TO HAVE A PUBLIC HEARING • 1982. MOTION CARRIED. Councilmember Kasper ask the present cost of the dump site and the future number of units they are serving. He wanted to thinking it probably is not. received of large rate increases in garbage collection, on the matter. COUNCILMEMBER GOULD MOVED, SECONDED ON THE PROPOSED GARBAGE RATE INCREASES ON MARCH 9, ed that the garbage companies provide the Council cost of the dump site on a pro-rata basis for the see.whether the increase is directly proportionate, Council President Kasper advised that there will be a Council dinner on March 30, 1982 prior to the regular 7:30 p.m. meeting. In response to additional information .provided by the.City Clerk, COUNCILMEMBER NAUGHTEN MOVED, SECONDED BY COUNCILMEMBER ALLEN, TO REVIEW THE VIDEO GAME ORDINANCE ON MARCH 9, 1982.. MOTION CARRIED. Councilmember-Hall said she had represented the City at an Edmonds Business Association meeting, and they are planning seasonal activities and decorations for the City. There was no further business to come before the Council, and the meeting adjourned at 10:50 p.m. IRENE VARNEY MORAN, City*&Ierk e HARVE H.:'HARRISON, Mayor